Tag Archives: Supreme Court
California Death Penalty. Vote November 8th
There are two measures that deal with the death penalty in California that are on the ballot in the forthcoming November 8th election. California has the largest number of inmates awaiting the death penalty of all the states. The last execution in California was about ten years ago when it was legally challenged because of … Read More
Unintended Consequences of Criminal Offenders Being Transferred from State Prison to County Jail
The growing population of over 150,000 inmates in state prisons in California has exceeded the level the U.S. Supreme Court opined in 2011 is permissible. There has been litigation in Federal Court to obtain a more speedy reduction of the state prison population, and a new law has been enacted as a result of the … Read More
Law Enforcement Can Search a Shared Residence Even When a Co-Tenant Objects
In the recent case of FERNANDEZ v. CALIFORNIA, 12-7822 (February 25, 2014) the U.S. Supreme Court held the Fourth Amendment to the U.S. Constitution was not violated and, therefore, law enforcement can make a warrantless search of a shared residence when a co-tenant provides consent even though the other co-tenant shortly before refused to allow … Read More
CA Supreme Court ruled that unlicensed school employees can give insulin injections
Commentary by Sam Spital, California State Board License and Criminal Defense Attorney It strains credulity to believe the Supreme Court declared that California law permits unlicensed employees to give insulin injections, albeit pursuant to a doctor’s order. It is a slippery slope and this opens the door to even more situations in which the training and … Read More
Peugh vs. United States
On June 10, 2013, the U.S. Supreme Court in the case of PEUGH vs. UNITED STATES, Case # 12-62, in a 5-4 opinion, ruled the Ex Post Facto Clause of the U.S Constitution was violated when the newer 2009 version of the Federal Sentencing Guidelines was applied because it provides (an increased risk of) a much greater punishment when … Read More
Supreme Court Ruling Allows DNA Samples After Arrest
The US Supreme Court ruled on Monday that it is legal for the police to take a DNA sample at the time of an arrest for a serious crime. The ruling came about after a court in Maryland said it was illegal for a police to take Alonzo King’s DNA. King was arrested for felony … Read More
Should juveniles receive criminal life sentences?
We all make mistakes; some are obviously more serious and have long-standing consequences. When thinking back to when we were adolescents or teenagers, many of us can recall a few, if not more, poor decisions we made. Teenagers are often prone to over-reacting and feeling invincible. They also tend to not weigh consequences and act … Read More
Supreme Court rules in favor of strip searches for everyone
Imagine driving along with your spouse. They are pulled over for speeding. You’re a bit annoyed as you’d recommended they slow down five miles back. A police officer approaches the car, runs the plates and determines you have an outstanding warrant due to an unpaid fine. You try to explain that you’ve paid the fine, … Read More